scholarly journals Fixing the Problem of Incompetent Defense Counsel Before the International Criminal Court

2020 ◽  
pp. 417
Author(s):  
Matthew Catallo
Keyword(s):  
Twentieth Century ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Regulatory Framework ◽  
Defense Counsel ◽  
Current Structure ◽  
Administrative Reforms ◽  
International Criminal Tribunals ◽  
Do So

Throughout the latter half of the twentieth-century, defense counsel arguing before international criminal tribunals provided notoriously ineffective assistance. This note examines whether defense counsel similarly fail to provide competent assistance at the International Criminal Court––and if they do so for similar reasons. In examining the ICC’s procedural and regulatory framework, this note highlights the systemic inequities at the Court that favor the prosecution and devalue the defense, thereby hindering the acquisition of competent defense counsel and promoting the retention of incompetent defense counsel. To address these iniquities, this note promotes various administrative reforms, all of which could be implemented without requiring significant overhauls of the ICC’s current structure. Failure to take action, this note cautions, risks depriving the accused of a competent defense, jeopardizing the equality of arms and the ICC’s perceived legitimacy.

scholarly journals The right to self-representation before International Criminal Tribunals, while not absolute, should only be denied in limited circumstances

2020 ◽  
Vol 62 (3) ◽  
pp. 235-247
Author(s):  
Paul Bassett
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Fair Trial ◽  
Criminal Court ◽  
International Criminal Tribunals ◽  
The Right

One of the most controversial aspects of the International Criminal Tribunals (ICTs) and the International Criminal Court (ICC) concerns the right to self-representation. Many defendants have sought to use the trial as a stage on which to challenge the legitimacy of the court and to play to the crowd in their own home states. As a result, the various ICTs have sought to place limitations on the accused’s right to selfrepresentation. The recent amendment to the Statute of the Supreme Iraqi Criminal Tribunal (SICT) is an example of this. This evolution raises questions concerning the effect such limitations may have on the overall fair trial rights of the accused. This article argues that there is a need to establish a guaranteed right of self-representation, provided the accused adheres to an objective set of conditions placed on the right. Such conditions should be confined to those strictly necessary to ensure the integrity of the court. Such a move would allow the court to gain some much needed legitimacy while at the same time deny defendants the ability to turn the court into a political stage.

Justice for Children Affected by Political Violence

2020 ◽  
pp. 474-507
Author(s):  
Gloria Atiba-Davies
Keyword(s):  
Sierra Leone ◽  
Political Violence ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Significant Information ◽  
International Criminal Tribunals ◽  
Gender Based ◽  
And Gender

This chapter catalogs the list of crimes against and affecting children during conflict and situations of war over which the International Criminal Court (ICC) has jurisdiction. It provides information on the mandate of the International Criminal Tribunals of Yugoslavia and Rwanda as well as the Special Court of Sierra Leone and how they addressed issues relating to crimes against children. The chapter describes the structure and functioning of the ICC. In addition, significant information is presented about the work of the Office of the Prosecutor (OTP) of the ICC relating to investigations and cases including crimes against children. Lastly, it gives an overview of the Sexual and Gender-based Crimes Policy and the Policy on Children of the OTP, which were launched in 2014 and 2016, respectively. Both policies provide the framework within which the OTP will conduct the preliminary examinations, investigations, and prosecutions of those crimes.

A Review of the Experiences of the Pre-Trial and Appeals Chambers of the International Criminal Court Regarding the Disclosure of Evidence

2008 ◽  
Vol 21 (1) ◽  
pp. 151-163 ◽  
Author(s):  
DAVID SCHEFFER
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Timely Manner ◽  
International Criminal Tribunals ◽  
Statutory Power ◽  
And Performance ◽  
Atrocity Crimes ◽  
Minimal Evidence

AbstractNegotiators of the Rome Statute of the International Criminal Court (ICC) did not intend the Pre-Trial Chamber (PTC) to act as a de facto investigating judge; rather, their intent was that the PTC ensure that the Prosecutor act responsibly and within well-defined limits. Several opportunities have arisen in the Lubanga case before the ICC's PTC and the Appeals Chamber to examine the Prosecutor's duty and performance in disclosing documentary evidence and the identities of witnesses at the pre-trial stage. International criminal tribunals necessarily must bridge the evidentiary magnitude of atrocity crimes with a pragmatic focus on one person's role. The PTC judge should aggressively narrow the charges and focus the Prosecutor on the requirement of minimal evidence to meet the sufficiency standard for the remaining charges, direct the Prosecutor to share existing and emerging evidence with the accused in a timely manner and not wait until 30 days prior to confirmation hearing, and use statutory power to ensure timely non-disclosure requests and determinations.

The Right to be Defended in Person or Through Legal Assistance and the International Criminal Court

2000 ◽  
Vol 13 (4) ◽  
pp. 949-984 ◽  
Author(s):  
Stuart Beresford ◽  
Hafida Lahiouel
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Legal Assistance ◽  
Human Rights Law ◽  
International Criminal Tribunals ◽  
International Obligations ◽  
The Right

While the Statute of the International Criminal Court guarantees to suspects and accused the right to be defended in person or through legal assistance, it contains little guidance as to the extent to which this most fundamental right will be provided. In order to ascertain how broadly it should be applied, the authors examine the application of the right by the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The authors note that the defence-orientated approach taken by the ad hoc Tribunals to the right to be defended in person or through legal assistance not only conforms with international obligations, but also in many respects goes beyond that required by international human rights law. It is, therefore, crucial that the ICC listens to the experience of the ad hoc Tribunals and adopts similar, if not identical, rules and regulations relating to the qualifications, conduct and assignment of counsel.

The International Criminal Court Statute and the Failure to Mention Symbolic Reparation

2009 ◽  
Vol 16 (2) ◽  
pp. 127-147 ◽  
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Symbolic Forms ◽  
International Instruments ◽  
Rights Issue ◽  
Do So

The International Criminal Court (ICC)'s reparations regime seems very geared towards material reparation such as restitution, compensation and rehabilitation. However, a growing number of international instruments, particularly in the human rights field, anticipate that more symbolic forms of reparation such as satisfaction and non-repetition are mandatory. The article explores what reasons may have led the ICC drafters to not at least mention symbolic reparation and finds that, apart from a possible trend towards commodification of reparation in general, the perception was probably that only states can grant symbolic reparation, and that ordering individuals to do so might raise human rights problems. None of these arguments are conclusive. Individuals can provide symbolic reparation, and this could be encouraged rather than ordered to avoid the human rights issue. More importantly, the role of the ICC and the Victims Trust Fund will be to use money as reparation, and nothing will prevent them from using awards so made for symbolic purposes. In fact, strong principle and policy arguments militate in favor of granting a larger role to symbolic reparation in the ICC context, thus helping to make the Court into more of an institution of transitional justice.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

scholarly journals ON THE COMPLEXITIES OF PROSECUTING ROBERT MUGABE AT THE INTERNATIONAL CRIMINAL COURT

2018 ◽  
Vol 6 (12) ◽  
Author(s):  
Everisto Benyera
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
The World ◽  
The Hague ◽  
Robert Mugabe ◽  
Do So

One of the most desired actions by human rights activists the world over is to see Zimbabwe’s President Robert Mugabe brought to The Hague to answer to allegations of genocide and crimes against humanity committed during his more than three decades in office. This desire notwithstanding, there are both legal and practical imperatives that render his prosecution highly improbable judging by the failed attempts to do so by various organisations. This article is a contribution to the debate on the fate of heads of states accused of genocide and crimes against humanity by focusing on the complexities surrounding the various attempts at having Mugabe brought before the International Criminal Court (ICC). The conclusion reached is that, no matter how desirable, the prosecution of Mugabe at the ICC, or any other court of law, is a distant reality due to various reasons outlined in the article. 

The Law and Practice of the International Criminal Court

2015 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Lessons Learned ◽  
International Criminal Law ◽  
Policy And Practice ◽  
Applicable Law ◽  
International Criminal Tribunals ◽  
The Law ◽  
The Impact

The International Criminal Court is a controversial and important body within international law and is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changing context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparalleled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned.

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